Me and my partner are buying a 1 bedroom flat in West Croydon with a mortgage. We wish to retain our West Croydon lawyer, however the mortgage company says she’s not on their "panel". It seems we have no option but to appoint one of the mortgage company panel conveyancing practices or continue with our West Croydon property lawyer as well as pay for one of their panel firms to represent them. This seems very unfair; are we not able to demand that the mortgage company use our West Croydon property lawyer ?
Unfortunately,no. The mortgage offered to you is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your West Croydon conveyancing lawyer to apply to be on the conveyancing panel.
I purchased a freehold residence in West Croydon but still pay rent, why is this and what is this?
It’s unusual for properties in West Croydon and has limited impact for conveyancing in West Croydon but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the generation of fresh rentcharges post 1977.
Previous rentcharges can now be extinguished by making a lump sum payment under the Act. Any rentcharges that are still in existence in 2037 is to be extinguished.
What is the best way to find out if the solicitor handling my conveyancing in West Croydon is on the bank’sapproved panel? I am looking to avoid the situation of having one lawyer for me and one for Nottingham Building Society thus spending £175.00 in supplemental conveyancing costs.
Feel free to make use of the search tool on this site. Please choose the mortgage company and type ‘West Croydon’ or your preferred area and you will discover a number of lawyer based in West Croydon or near you.
I used Stirling Law several years ago for my conveyancing in West Croydon. I now require my file however the law firm is no longer operating. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in West Croydon of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Can you offer any advice when it comes to appointing a West Croydon conveyancing practice to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a West Croydon conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We advise that you speak with two or three firms including non West Croydon conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions could be helpful:
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How familiar is the practice with lease extension legislation? What are the legal fees for lease extension work?
My wife and I have hit a brick wall in trying to purchase the freehold in West Croydon. Can the Leasehold Valuation Tribunal adjudicate on premiums?
Where there is a missing landlord or if there is dispute about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the Leasehold Valuation Tribunal to make a decision on the premium.
An example of a Freehold Enfranchisement matter before the tribunal for a West Croydon flat is 29 Woodstock Road in April 2014. the Tribunal determined that the premiums to be paid into court in respect of the purchase of the freehold registered at HMLR under Title N0.SY3997 should be £7,217. This case was in relation to 4 flats. The number of years remaining on the existing lease(s) was 98 years.
My husband and I are purchasing a ground floor flat in West Croydon. At the time of instructing our solicitor, they assured us that they were on all mainstream mortgage company panels. Our mortgage broker contacted us just now to advise that they are not on the Aldermore approved list. Were it to be true, what should we do? Should we simply pick a different solicitor that is on their approved list or should we cover the costs for separate representation, with Aldermore appointing their own preferred solicitor.
When buying a property with mortgage finance it is conventional for the purchaser’s lawyers to also act for the purchaser's lender. In order to act for a bank or building society a conveyancer has to be on that lender's conveyancing panel. An application has to be made by the lawyer to the lender to become a member of the lender's panel and there are increasingly strict criteria which the conveyancing practitioner has to fulfill. Some banks now require their panel firms to be part of the Law Society’s Conveyancing Quality Scheme. Your conveyancing practitioner should call Aldermore and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on Aldermore's conveyancing panel as you are at liberty to use your preferred West Croydon lawyers, in which case it will likely add costs, and it may delay matters as you have another set of people involved.